Lurgan man who has a medical prescription for cannabis pleads guilty to cannabis possession as he was illegally smoking it with tobacco, Craigavon court hears
A Co Armagh man who has a medical prescription for cannabis has pleaded guilty to cannabis possession as he was illegally smoking it with tobacco, a court hears.
Curtis Joseph Whitla, aged 30, from Edward St Lurgan, appeared before Craigavon Magistrates Court on Wednesday charged with possessing the Class B drug cannabis.
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Whitla’s barrister Ms Ciara Ennis said she had submitted her client’s prescription for medical cannabis. She shared that it was “quite an unusual offence” in that he is supposed to use a device such as a vape for the medically prescribed cannabis to take the cannabis.
"He wasn’t doing that. He was simply rolling joints and smoking it that way,” she explained. "The Prosecution accept he is entitled to medical cannabis but he’s not using the mode of consumption that he should. That is where the offence comes from.”
The court heard that on October 20 last year UK Border Force intercepted a package containing 1.02kg of herbal cannabis which was imported from America. It was sent to Edward St, Lurgan.
On December 2 last year police searched this address, the defendant’s, by virtue of a warrant and on entering the property no one was present. They found a "small amount” of cannabis mixed with tobacco.
"This was inside what appeared to be a medically prescribed cannabis container. A further two similar containers were found and these were empty. There were no names on these prescription containers. The name appeared to have been removed from each container,” said the Prosecutor.
District Judge Michael Ranaghan said: “For the avoidance of doubt there is no charge regarding importation. The only charge before the court is for that small amount of Class B. The court is now aware he has a medical certificate for Class B.”
Ms Ennis said: “The charge arises because of the mode of consumption as he is entitled to possess the cannabis.
"He is in the process of contacting the supplier of the prescription to obtain a device to enable him to consume the cannabis legally.”
“He was in a very serious accident that damaged his back permanently and it’s for pain relief," she said.
District Judge Ranaghan said: “Please make sure you do get the right vehicle to take the cannabis.” He fined Whitla £150 plus £15 Offender Levy.